Representative image of a bulldozer being used to demolish illegal structures.
PTI File Photo
New Delhi: The Uttar Pradesh government told the Supreme Court that it would not take any bulldozer action against the accused allegedly involved in violence and rioting in Bahraich district as the apex court agreed to hear on Wednesday a plea against the proposed state action.
A bench of Justices B R Gavai and K V Vishwanathan asked Additional Solicitor General K M Nataraj, appearing for the Uttar Pradesh government that it should not take any action till Wednesday.
Nataraj agreed to it, saying, "We will not do anything."
Senior advocate C U Singh and other counsel mentioned the matter before the bench contending the state government has proposed to take action against those allegedly involved in rioting on the ground that their construction is illegal.
"You are aware of the orders passed by this court. If they (state government) want to take the risk of flouting these orders, that's their choice," the bench said.
The state counsel said a petition has already been filed before the Allahabad High Court and 15 days notice was given.
The applicant's counsel said that the High Court has not given any protection in the matter.
The bench agreed to hear the matter on Wednesday and the state counsel concurred that no action would be taken till then.
The UP Public Works Department (PWD) issued demolition notices to three people allegedly involved in communal violence in a village in Bahraich district over music being played during a religious procession. One person, Ram Gopal Mishra (22) was killed by gunshot injuries.
On October 1, the apex court extended its September 17 order prohibiting the use of bulldozers by States for demolition of a property of an accused in a criminal case, without permission of this court.
The court, however, had then exempted action involving encroachments on public roads, footpaths, railway lines, or water bodies.
The court had then reserved its judgment on laying down guidelines for bulldozer action.
On September 2, the Supreme Court had said it would lay down pan India guidelines to deal with a controversial issue of "Bulldozer justice" resorted to by some state governments to demolish the house or shop of a person immediately after he or she is accused of an offence.